45-205. Failure of owner to clean canals and
make repairs; lien for work done; release of lien;
liability
A. When a person owning or controlling a canal, flume or other means for carrying
water permits them, or the head gates at the dam or other appliances for securing the
water at the head, to become disrepaired or reduced in capacity to an extent that they
will not carry the amount of water contracted to be delivered to the users thereof, and
does not within a reasonable time repair, clean or restore the canal, flume or other
means of carrying the water, the users may, after six days' notice in writing to the
owner or person in control thereof, enter in and upon the canal, flume or other means,
and make repairs, clean or restore any thereof.
B. The cost of repairs, cleaning or restoration shall be a lien on the canal, flume
or other carrying means, enforceable as liens upon real property. Within thirty days
after completion of the repairs, cleaning or restoration, a verified notice of the lien
claimed, stating the expenditures actually made, itemizing the amounts expended and the
purpose for which each was expended and stating the facts upon which the lien is claimed,
shall be filed in the office of the county recorder of the county in which the work was
done, and recorded in a book kept by him for that purpose.
C. When any lien established by this section has been satisfied, the lienholder
shall, within thirty days after satisfaction, issue a release of the lien to the person
against whom the lien was claimed. Such release shall be a recordable document. Failure
to grant such a release shall subject the lienholder to liability in the amount of one
thousand dollars and also to liability for actual damages.
|